1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 2, 2008, the Plaintiff purchased from Nonparty C a commercial building of KRW 150,000,000 from Nonparty 1’s first floor E of the Eunpyeong-gu Seoul Building, the steel framed reinforced concrete tank 3.96 square meters (hereinafter “instant commercial building”) for KRW 150,00,000, and received the registration of ownership transfer on October 28, 2008.

B. On October 2014, the Defendant purchased the instant commercial building from Nonparty F, the Plaintiff’s husband Nonparty F, for KRW 100,000,000, and paid KRW 50,000,000 on October 20, 2014 to the Plaintiff, respectively, and paid KRW 50,000,000 on November 17, 2014 to the Plaintiff, but the registration of transfer of ownership was not made.

C. On November 9, 2015, the Plaintiff transferred KRW 10,000,000 to the Defendant, respectively, and KRW 50,000,00 on November 20, 2015.

On June 28, 2017, the instant commercial building was sold to Nonparty G in gold KRW 95,00,000, and on June 29, 2017, the ownership transfer registration was completed in G’s name. The Defendant was paid KRW 95,00,000 from G.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 6 and Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1 of the grounds for the Plaintiff’s claim is that the Defendant, on November 9, 2015, sold the instant commercial building remaining in the Plaintiff’s name to a third party for unregistered resale of KRW 60,000,000. The Plaintiff, on November 9, 2015, sold the commercial building to Nonparty H and paid KRW 10,000,000 to the Plaintiff for the down payment received from the Plaintiff, and thereafter, the Plaintiff did not notify the Defendant of the cancellation of the resale contract, but paid KRW 50,00,000 directly to the Defendant on November 20, 2015. The commercial building of this case was again owned by the Plaintiff as recorded in the registry.

However, on September 23, 2016, the Defendant later filed an objection with the knowledge of such circumstances, and the Plaintiff, on September 23, 2016, ordered the Defendant to recover the ownership of the instant commercial building, and thereafter, sold unregistered commercial building to Nonparty G and paid KRW 95,00,000 to the Defendant.